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The  Law  Relating  to  School  Commissioners  — How  to 
Improve  the  Country  Schools. 


AN  ADDRESS 

BEFORE  THE 

NEW  YORK  STATE  ASSOCIATION 

OF 

SCHOOL  COMMISSIONERS 

AND 

SUPERINTENDENTS, 

BY 

ANDREW  S.  DRAPER, 

State  Superintendent  of  Public  Instruction, 


At  Binghamton,  N.  Y.,  January  19,  1888. 


THE  TROY  PRESS  COMPANY,  PRINTERS. 
1888. 


ACTION  OF  THE  STATE  ASSOCIATION  OF  SCHOOL  COMMIS- 
SIONERS AND  SUPERINTENDENTS. 


Victor,  N.  Y.,  January  28,  1888. 

Hon.  A.  S.  Draper, 

State  Superintendent  of  Public  Instruction: 

My  Dear  Sir. — At  the  recent  meeting  of  the  New  York  State  Association 
of  School  Commissioners  and  Superintendents  the  following  resolutions 
were  unanimously  adopted,  a copy  of  which  the  secretary  was  directed  to 
transmit  to  you : 

Resolved,  That  we  congratulate  State  Superintendent  Draper  upon  his  .successful 
administration  of  the  vast  educational  interests  centering  in  the  Department  of  Public 
Instruction  of  this  State,  and  assure  him  of  our  earnest  support  in  all  his  worthy  efforts. 

Resolved,  That  the  thanks  of  this  association  be  and  the  same  hereby  are  tendered  to 
the  Superintendent  for  his  presence  at  this  convention,  and  his  able,  exhaustive  and 
instructive  address  delivered  before  this  association. 

Resolved,  That  he  be  requested  to  furnish  a copy  of  $aid  address,  for  distribution 
among  the  School  Commissioners  and  Trustees  of  the  State. 

Trusting  that  you  may  be  pleased  to  comply  with  the  request  contained 
in  the  last  resolution, 

I am,  very  respectfully  yours, 

A.  C.  Aldridge, 

Secretary. 


AN  ADDRESS. 


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Mr.  President,  and  Members  of  the  State  Association  of  School  Commis- 
sioners and  Superintendents: 

I am  sensible  of  the  compliment  yon  pay  me  when,  in  successive 
years,  yon  invite  me  to  address  this  association,  and  I thank  you  very 
sincerely  for  the  cordiality  with  which  yon  greet  me.  I have  looked 
forward  to  this  gathering  with  many  anticipations  of  pleasure. 
I have  expected  to  meet  old  friends  and  to  form  the  acquaintance  of 
many  who,  coming  recently  into  office,  would  be  here  for  the  first 
time.  My  anticipations  in  this  regard  are  being  fully  realized.  As  I 
may  not  have  a better  opportunity  for  doing  so,  permit  me  to  express 
the  hope  now,  that  I shall  not  be  debarred  the*  privilege  of  meeting 
personally,  either  in  the  convention  hall  or  at  the  hotel  where  I am 
staying,  all  commissioners  and  superintendents  who  are  in  attendance 
upon  this  meeting  of  the  association. 

While  the  superintendents  in  this  State  are  eligible  to  membership 
in  your  association  and,  to  some  extent,  avail  themselves  of  the 
privileges  thus  extended  to  them,  they  have  an  organization  and  hold 
regular  conferences  of  their  own,  and  this  gathering  is,  by  common 
consent,  essentially  that  of  the  school  commissioners,  and  I know  you 
will  uphold  me  in  so  considering  it. 

There  are  113  school  commissioners,  whose  jurisdictions  contain 
half  the  people  of  the  State  and  cover  all  the  territory  outside  of  the 
cities.  These  commissioners  are  elected  by  popular  vote,  triennially, 
and  were  so  chosen  at  the  last  general  election.  In  the  113  districts, 
forty-two  commissioners  were  reelected  and  seventy  new  men  and 
one  new  woman  were  chosen,  and  entered  upon  their  offices  upon  the 
first  day  of  the  present  month.  The  large  number  of  changes  has  led 
me  to  depart  from  my  usual  custom  of  speaking  extemporaneously 
and  informally  upon  such  occasions,  and  to  prepare  a written  address 
in  the  hope  that  I might  thus  be  able  to  say  something  which  would 
endure  longer  and  be  of  larger  value  to  commissioners  than  would 
otherwise  be  the  case. 

It  is  of  much  importance  that  commissioners  shall  gain  an  early 
and  adequate  appreciation  of  the  duties  and  powers  which  the  laws 
impose  and  confer  upon  them,  and  of  that  high  moral  responsibility 


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and  accountability  to  the  people  under  which  they  necessarily  rest, 
not  only  because  such  duties  are  imposed  upon  them  and  such 
powers  are  given  to  them,  but  because  these  things  are  done  in  order 
to  secure  proper  care  and  protection  for  and  to  advance  and  promote 
the  well-being  of  that  institution  so  dear  to  the  people  and  so  vital  to 
their  well-being,  the  public  school  system.  The  close  connection 
which  the  law  has  created  between  the  offices  of  school  commissioner 
and  State  Superintendent,  makes  it  essential,  also,  that  we  shall 
understand  each  other,  that  we  shall  construe  and  read  the  laws  in 
the  same  way,  to  the  end  that  we  may  not  work  at  cross-purposes, 
but  with  one  accord  and  with  such  concert  and  cordiality  of  action 
as  can  alone  work  a much-needed  improvement  in  the  country  schools. 

I have  therefore  thought  that  the  time  which  you  might  be  able  to 
afford  me  might  be  more  profitably  employed  in  discussing  the  laws 
touching  the  duties  of  school  commissioners  than  in  any  other  way. 
Proceeding  to  do  this  I will,  for  convenience,  divide  the  subject  and 
consider  it  under  the  following  headings,  viz. : 

1.  Alteration  of  School  Districts. 

2.  The  Supervision  of  Schools. 

3.  School-houses  and  Appurtenances. 

4.  Examination  and  Licensing  of  Teachers. 

5.  Revocation  of  Certificates. 

6.  Teachers’  Institutes. 

7.  Reports. 

8.  General  Powders. 

Alteration  of  School  Districts. 

There  are  few  subjects  about  which  commissioners  will  encounter 
more  trouble  and  none  which  call  for  the  exercise  of  greater  care  and 
sounder  judgment  than  the  alteration  of  school  districts.  From  the 
beginning  of  school  work  in  this  State,  the  territory  has  been  divided 
into  small  districts  of  such  size  as  to  bring  a school  within  reasonable 
distance  of  each  home,  and  to  enable  the  people  of  each  locality  to  set 
up  such  schools  as  they  might  be  able,  and  to  manage  and  control 
their  school  affairs  largely  in  their  own  way.  As  the  population  has 
advanced,  it  has  been  necessary  to  rearrange  districts  and  alter 
boundaries  in  order  to  meet  the  educational  requirements  of  the 
people.  This  wall  continue  to  be  so  as  communities  accumulate  and 
increase,  and  as  circumstances  continually  change. 

The  school  commissioner  is  the  officer  charged  by  law  with  the  duty 
of  determining  when  an  alteration  of  districts  ought  to  be  made  and 
of  making  it  when,  in  his  judgment,  it  seems  advisable.  He  will  find 


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himself  frequently  obliged  to  reach  a conclusion  as  to  whether  a change 
in  districts  ought  to  be  made  in  the  face  of  strongly  conflicting  opinions 
of  interested  parties.  A change  which  may  meet  the  convenience  of 
some  may  be  very  much  to  the  disadvantage  of  others.  One  man 
wants  an  alteration  made  in  order  to  bring  his  residence  nearer  to  a 
school-house,  when  the  doing  so  will  cause  'another  to  be  very  much 
farther  from  the  school  than  he  is  at  present.  Again,  the  school  dis- 
trict is  not  only  the  unit  of  school  government,  but  it  is  the  unit  for 
school  taxation  purposes  as  well.  As  one  district  becomes  thickly 
populated  and  increases  in  wealth,  it  is  inevitable  that  neighboring 
districts  will  seek  the  annexation,  of  a portion  of  that  territory  in  order 
that  the  number  of  children  which  would  be  brought  to  them  by 
annexation  may  bring  a larger  share  of  the  public  school  moneys,  and 
that  the  increase  in  taxable  property  may  increase  their  revenues  for 
school  purposes  and  give  them  better  schools  on  the  one  hand,  or 
lessen  their  tax  rate  upon  the  other.  . The  demands  for  alterations  in 
order  to  add  to  the  taxable  valuation  of  school  districts  have  become 
more  numerous  and  earnest  since  railroad  lines  have  been  so  much 
extended.  The  school  district  which  does  not  have  a piece  of  railroad 
to  bear  a share  of  its  expenses,  has  come  to  feel  that  it  is  not  properly 
organized  or  fairly  treated.  Thus  it  will  frequently  be  the  case  that 
applications  for  the  alteration  of  school  districts  will  rest  upon  no 
reasonable  foundation,  but  will  spring  only  from  sinister  or  unworthy 
motives.  Yet  modifications  will  continue  to  be  necessary,  for  growth 
in  population  and  changes  in  circumstances  are  inevitable. 

When,  therefore,  an  application  is  presented  to  a school  commis- 
sioner for  alterations  in  school  districts,  he  is  bound  to  determine,  first, 
whether  any  alteration  is  advisable,  and  if  so,  whether  the  particular 
one  proposed  ought  to  be  made.  To  reach  this  determination  safely 
he  must,  without  fear  or  favor,  examine  into  all  the  facts  and  circum- 
stances. If  all  the  persons  affected  in  any  way  by  the  proposed 
alteration  are  in  favor  of  it,  the  change  may  ordinarily  be  made  with 
safety.  If  objection  is  made,  the  fullest  inquiry  should  be  entered 
upon.  Such  a question  should  never  be  prejudged,  and  much  less 
should  an  officer,  who  has  to  determine  it,  commit  himself  in  reference 
thereto  before  hearing  all  that  is  to  be  said  bearing  upon  it.  The 
average  man  is  so  constituted  that  he  will  acquiesce  in  defeat  with 
reasonable  complaisance  if  he  feels  that  he  has  fairly  had  his  “ day  in 
court,”  and  that  the  determination  arrived  at  was  reached  after  full 
investigation  and  in  the  conscientious  discharge  of  a public  duty. 
But  the  average  man  is  also  so  constituted  that  he  will  resent  and 
repel  any  unfair  or  unjust  interference  with  his  interests  by  a public 


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officer,  and  lie  is  ordinarily  ingenious  enough  to  make  his  resentment 
effectual  and  troublesome.  In  short,  every  man  whose  opinion  is  of 
much  account  has  in  his  breast  a regard  for  fair  play  which  cannot 
with  safety  be  ignored  or  trifled  with.  It  must  always  be  respected.  I 
recall  with  satisfaction  an  occasion,  years  ago,  when  engaged  in  the 
argument  of  a question  before  the  Attorney-General  of  the  United 
States,  against  older  and  abler  counsel,  and  feeling  that  unfair  argu- 
ment was  being  resorted  to  and  underground  operations  were  at  work 
to  influence  the  determination,  I said  so,  and,  what  was  more  important, 
succeeded  in  getting  the  Attorney-General  to  feel  so  too,  for  with  some 
warmth  he  brought  his  clinched  fist  down  upon  the  table,  with  the 
remark  : “ Young  man,  what  you  want  here  is  a fair  show!”  “Yes,” 

I replied,  with  my  heart  in  my  throat.  “Well,  you  shall  have  it,”  and  I 
did.  What  every  man  wants  everywhere  and  every  time  is  a “ fair 
show,”  and  he  will  have  it  in  a matter  so  closely  affecting  his  personal 
and  property  rights  as  the  alteration  of  boundaries,  so  as  to  transfer 
him  from  one  school  district  to  another.  And  yet,  as  I have  already 
said,  the  public  and  general  good  sometimes  requires  that  such 
changes  should  be  made,  even  against  the  objections  of  persons 
affected  thereby. 

I cannot  discuss  at  length  the  considerations  which  should  guide  a 
commissioner  in  determining  a matter  of  this  kind,  but  the  following 
general  observations  may  be  of  service  : 

1.  The  reasons  adduced  in  favor  of  the  alteration  should  preponder- 
ate before  it  is  decided  upon.  If  the  arguments  for  and  against  the 
change  are  about  equal,  do  not  make  it. 

2.  Before  an  alteration  is  made  it  should  appear  that  the  educational 
interests  of  the  greater  number  of  the  people  affected  by  the  change 
will  be  promoted  by  it,  and  that  great  violence  will  not  be  done  to  any. 
It  may  be  proper  to  make  an  alteration,  even  when  it  will  be  greatly 
to  the  inconvenience  of  a few  individuals,  but  in  that  case  the  advan- 
tages to  the  greater  number  must  overbalance  the  disadvantages 
wdiich  a few  will  suffer.  No  change  should  be  made  which  will  prac- 
tically, and  in  effect,  deprive  any  one  of  the  privileges  of  the  schools. 
Where  a patron  resides  nearer  a school-house  in  another  district  than 
the  one  in  his  own  district,  and  wishes  to  be  set  off,  it  may  be  done, 
unless  d >ing  so  will  wrork  injury  to  other  and  stronger  interests. 

3.  A change  should  not  be  made  which  wrill  make  a weak  district 
weaker,  and  a strong  district  stronger,  unless  the  reasons  therefor  are 
overpowering. 

4.  An  alteration  should  not  be  made  only  for  the  purpose  of  equaliz- 
ing valuations.  It  is  a consideration  which  ought  to  count  to  some 
extent,  but  ought  not  to  be  the  controlling  one. 


5.  The  only  excuse  for  weak  districts  is  that  the  territory  is  thinly 
settled,  and  that  it  is  impossible  to  make  a district  of  proper  strength 
without  having  the  distances  of  residents  from  the  school-house  so 
great  as  to  be  impracticable.  Districts  should  be  strong,  so  far  as 
may  be,  without  encountering  this  difficulty.  The  cases  are  rare,  if 
indeed  there  are  an}^,  where  it  would  be  proper  to  separate  the  same 
village  into  different  school  districts. 

6.  Districts  should  not  be  laid  out  so  as  to  cross  town  or  county 
lines,  unless  the  convenience  of  people  clearly  requires  it  and  any 
other  arrangement  is  wholly  impracticable.  On  the  other  hand,  where 
districts  are  already  so  laid  out,  an  alteration  which  would  bring  each 
school  district  within  a single  town,  should  be  favored  unless  there 
are  strong  reasons  against  it. 

7.  Irregularities  in  district  boundaries  should  be  avoided  and 
corrected  so  far  as  reasonably  practicable. 

These,  it  strikes  me,  are  general  principles  which  may  safely  and 
advantageously  be  followed  in  deciding,  after  the  facts  have  been 
clearly  ascertained,  whether  or  not  an  alteration  of  districts  should  be 
made.  When  an  alteration  is  determined  upon,  the  commissioner,  in 
order  to  effect  it,  will  take  the  several  steps  laid  down  with  particu- 
larity in  the  statute,  and  which  I need  not  here  recapitulate.  It  must 
always  be  borne  in  mind  that  the  proceeding  is  strictly  a statutory  one, 
and  that  any  failure  to  fully  comply  wTith  all  of  the  requirements  of  the 
statute  is  fatal,  and  will  render  the  proceedings  void. 

I need  only  add  in  this  connection  that  when  an  alteration  is  made 
the  commissioner  should  require  that  the  districts  affected  thereby 
should  be  carefully  surveyed,  and  his  order  should  describe  all  of  the 
boundary  lines  by  metes  and  bounds  so  that  any  competent  surveyor 
can  run  them  without  difficulty. 

There  are  many  appeals  to  the  State  Superintendent  from  the  acts 
of  commissioners  in  altering  school  districts.  Indeed,  it  is  seldom 
when  an  alteration  is  warmly  contested  that  it  does  not  reach  the 
Department.  It  may  interest  you  to  know  that  upon  the  examination 
of  such  a case  there,  the  processes  of  the  commissioner  are  exactly 
reversed.  The  first  question  is,  has  the  commissioner  acted  regularly 
and  strictly  as  provided  by  the  statute  ? If  it  is  found  that  he  has 
not,  that  ends  the  matter,  and  his  order  must  be  reversed.  If  the 
proceedings  are  regular,  then  the  question  is,  was  the  action  advis- 
able ? The  order  of  the  commissioner  is  confirmed  unless  it  is  clearly 
shown  by  the  appellant  that  it  was  unwise.  What  the  lawyers  call 
the  “ burden  of  proof  ” is  upon  the  appellant.  He  must  show  by  over- 
whelming evidence  upon  this  branch  of  the  case  that  the  commissioner 
acted  unfairly  or  unwisely,  or  he  must  fail  in  his  appeal. 


8 


The  Supervision  of  Schools. 

School  commissioners  are  supervisory  officers.  They  have  larger 
powers  than  are  given  to  the  city  superintendents,  the  corresponding 
officers  in  the  cities,  and  properly  so,  for  they  have  more  difficult 
fields,  and  it  is  much  more  difficult  for  them  to  exercise  their  powers 
effectually.  There  are  11,253  school  districts  in  the  State  in  charge  of 
113  school  commissioners.  If  the  school  districts  were  equally  divided 
into  commissioner  districts  each  commissioner  would  have  qharge  of 
100  schools,  as  near  as  may  he.  But,  of  course,  this  is  impracticable, 
and  the  number  of  schools  which  each  commissioner  has  under  his 
supervision  varies  from  sixteen  in  Kings  county,  to  198  in  the  second 
district  of  Steuben.  This  latter  district  is,  by  the  way,  far  too  large, 
and  the  law  which  permits  the  continuance  of  districts  even  approach- 
ing it  in  size  needs  early  modification. 

City  schools  cannot  succeed  without  close  and  adequate  supervision, 
and  country  schools  ought  not  to  be  expected  to.  The  Governor  of 
Massachusetts,  in  his  recent  annual  message,  said  very  pertinently: 
“ The  schools  in  the  cities  and  larger  towns  are  steadily  improving,  but 
in  many  of  the  smaller  towns  they  are  poor  and  the  attendance  upon 
them  neglected  and  irregular.  This  state  of  things  will  continue  until 
the  schools  of  these  towns  are  supplied  with  special  and  efficient 
superintendence.  Experience  has  abundantly  proved  that  wherever 
the  superintendence  of  the  schools  is  good  the  schools  are  also  good.” 
The  State  of  New  York  undertakes  to  supply  such  superintendence 
through  the  school  commissioners. 

Let  us  read  the  statute,  touching  this  matter  of  supervision,  together. 
It  says  it  shall  be  the  duty  of  the  school  commissioner  “ to  visit  and 
examine  all  the  schools  and  school  districts  within  his  district  as  often  in 
each  year  as  shall  be  practicable.”  It  does  not  exact  impracticable  or 
impossible  things,  but  it  does  exact  as  frequent  visitation  of  the 
schools  as  is  practicable.  It  does  not  contemplate  that  commissioners 
shall' follow  some  other  regular  employment  and  visit  and  examine  the 
schools  between  times,  or  when  they  can  conveniently  find  nothing  else 
to  do.  It  means  that  a commissioner’s  time  shall  be  devoted  to  a com- 
missioner’s work,  and  that  when  not  engaged  in  other  commissioner’s 
work  he  shall  be  about  his  district  visiting  and  examining  schools.  The 
law  directs  him  “ to  inquire  into  all  matters  relating  to  the  management, 
the  course  of  study  and  mode  of  instruction,  and  the  text-books  and 
discipline  of  such  schools;  to  advise  with  and  counsel  the  trustees 
and  other  officers  of  the  district  in  relation  to  their  duties,  and  to 
recommend  to  the  trustees  and  teachers  the  proper  studies,  discipline 
and  management  of  the  schools,  and  the  course  of  instruction  to  be 
pursued.” 


9 


This  is  not  an  obsolete  statute,  and  these  are  not  merely  perfunctory 
duties.  They  are  substantial  and  essential  to  any  general  progress. 
They  are  the  duties  of  the  commissioner  and  of  no  one  else.  If  he 
fails  to  perform  them,  they  will  go  unperformed,  and  the  schools  will 
surely  suffer  the  consequences  of  neglect.  The  law  says  he  shall 
visit  and  examine  the  schools.  As  the  law  is  not  satisfied  by  such 
visitations  as  it  is  wholly  convenient  and  pleasant  for  the  commissioner 
to  make,  neither  is  it  satisfied  by  visitations  which  are  not  accompanied 
by  examinations,  nor  by  examinations  which  are  such  only  in  form. 
When  the  law  places  a duty  upon  a public  officer,  it  assumes  that  he 
shall  qualify  himself  to  ^discharge  it.  The  supervisory  duties  of 
commissioners  are  special,  and,  to  a certain  extent,  they  are  of  a 
professional  nature.  Even  one  of  good  general  education  must  read 
and  investigate  and  think  before  he  begins  to  be  qualified  for  these 
duties;  he  must  continue  reading,  investigating  and  thinking; he  must 
keep  abreast  of  the  current  educational  thought  of  each  passing  day 
if  he  has  any  wish  to  meet  the  requirements  of  the  office  or  any 
expectations  of  satisfactory  educational  progress  in  the  district  during 
his  administration.  He  must  know  what  are  the  essential  studies,  and 
see  that  such  as  are  suitable  to  the  age  and  condition  of  pupils  are 
being  pursued  by  them;  he  must  have  knowledge  of  the  general 
principles  which  should  govern  the  classification  and  arrangement  of 
pupils,  and  see  that  the  teacher  has  arranged  classes  to  the  best 
advantage;  he  must  examine  into  the  programme  of  daily  work  and 
see  whether  the  allotments  of  time  are  wisely  made,  and  whether 
recitations  occur  with  proper  reference  to  each  other;  he  must  look 
to  text-books  and  see  that  those  in  use  are  modern  and  adapted  to 
the  uses  of  the  school;  he  must  investigate  the  methods  of  instruction 
and  see  that  the  teacher  is  doing  substantial  work  in  the  best  way, 
and  not  merely  putting  in  his  time  and  making  a show,  for  pay;  he 
must  inquire  about  the  discipline  of  the  school  and  see  that  the 
teacher  has  sufficient  judgment  and  force  of  character  for  commanding 
respect  and  obedience,  for  exacting  punctual  and  continuous 
f attendance,  and  for  setting  up  and  maintaining  that  quiet,  orderly 
and  systematic  procedure,  without  which  good  school  work  is 
impossible.  Knowing  how  these  things  ought  to  be  in  a well-regu- 
^ lated  school,  and,  seeing  how  they  are  in  the . school  under  examina- 
tion, he  must  consult  and  advise  with  and  help  the  teacher  in  refer- 
ence to  improvements.  If  matters  are  in  bad  condition,  he  must 
decide  with  practical  sense  whether  the  person  pretending  to  teach 
manifests  any  desire  and  gives  any  promise  of  coming  up  to  the 
requirements  of  a teacher’s  position,  or  whether  the  case  is  a hopeless 
2 


10 


one.  If  there  is  reasonable  hope  he  should  give  advice  and  help  and 
admonition  with  patience  and  kindly  care,  for  it  is  more  than  possible 
that  where  there  is  a will  a way  will  be  found,  and  that  in  time  the 
best  results  will  be  attained;  if  there  is  no  hope  of  respectable  work 
being  done,  the  commissioner  should,  with  resolute  determination,  put 
an  end  to  the  farce,  which  is  worse  than  a farce,  for  it  is  an  unjust  and 
cruel  imposition  upon  helpless  little  children  who  come  into  the  world 
under  a flag  which  guarantees  them  suitable  and  intelligent  instruc- 
tion in  a free  public  school  system,  and  it  is  therefore  a farce  which  is 
a fraud  and  a crime  against  the  flag  itself. 

School-Houses  and  Appurtenances. 

There  is  not  a person  present  this  afternoon  who  does  not  know 
that  the  condition  of  many  of  our  country  school-houses  and  out- 
houses has  for  all  time  been  and  is  still  a shame  and  disgrace  to  us. 
It  is  true  that  many  districts  are  poor  and  cannot  afford  elaborate 
outbuildings,  but  this  fact  can  in  no  wise  excuse  them  for  maintaining 
structures  which  are  not  only  unfit  for  the  uses  of  the  school,  but  are 
so  dangerous  to  health  and  so  offensive  to  decency  that  the  law- 
making power  of  the  State  has  to  come  in  and  abate  them  as  nuisances. 
It  is,  however,  a cause  for  congratulation  that  the  mighty  current  of 
public  opinion  is  rising  against  this  thing,  that  people  are  learning 
that  respectable  school  work  can  best  be  done  in  respectable  buildings, 
and  that  the  best  way  to  lead  children  to  respect  property  and  grow 
up  to  respectability,  is  to  surround  them  with  influences  which  inspire 
and  cultivate  these  things. 

There  has  been  considerable  legislation  upon  this  subject  first  and 
last  — some  of  great  importance  recently  — and  it  has  all  tended  in 
the  direction  of  giving  the  school  commissioner  power  to  correct  this 
evil,  and  of  holding  him  responsible  if  he  fails  to  do  so.  The  statute 
has  for  years  required  the  commissioner  to  “ inquire  into  all  matters 
relating  to  the  condition  of  school-houses,  sites,  outbuildings  and 
appendages,  and  particularly  in  respect  to  the  construction,  warming 
and  ventilation  of  school-houses,  and  the  improving  and  adorning  of 
the  school  grounds  connected  therewith.”  He  may  direct  trustees  to 
make  any  alterations  or  repairs  deemed  to  be  necessary  to  the  health 
or  comfort  of  pupils,  provided  the  expense  does  not  exceed  the  sum  of 
$200,  and  he  may  require  the  abatement  of  any  nuisance,  provided  the 
expense  does  not  exceed  twenty-five  dollars.  The  law  also  makes  the 
approval  of  the  commissioner  necessary  before  more  than  $500  can  be 
expended  for  a new  school-house,  and  requires  that  the  plan  of  every 
school-house  erected  shall,  so  far  as  ventilation,  heat  and  lighting  are 


I 

concerned,  be  first  approved  in  writing  by  the  commissioner.  For 
many  years  the  law  has  required  that  the  school  commissioner  and 
supervisor  of  the  town  should  act  jointly  before  a district  could  be 
required  to  abandon  a dilapidated  school-house  and  erect  a new  one, 
but  last  year  it  was  so  amended  as  to  confer  the  power  upon  the  com- 
missioner alone. 

These  are  high  powers,  but  experience  shows  that  they  are  indis- 
pensable. It  is  not  necessary  for  me  to  discuss  these  provisions  nor 
the  particular  steps  which  are  necessary  to  put  them  in  operation. 
They  are  as  plain  as  the  English  language  can  make  them,  and  the 
fullest  instructions  in  reference  to  their  execution  appear  in  the  Code 
of  Public  Instruction.  When  the  law  confers  a power  upon  a public 
officer  it  means  that  he  shall  use  it.  The  Court  of  Appeals  holds 
squarely  that  when  the  statute  says  that  an  officer  “ may”  exercise  a 
power,  it  means  that  he  “ must  ” exercise  it  if  the  occasion  arises  which 
the  law  contemplates.  When  a commissioner  visits  a school,  it  is  as 
much  his  duty  to  examine  the  school-house  and  the  outhouses  as  it  is 
to  examine  the  school,  and  if  he  finds  them  out  of  repair  or  unfit  for 
use  and  unworthy  of  repair,  it  is  as  much  his  duty  to  see  that  they 
shall  be  put  in  proper  repair  or  that  they  are  abandoned  and  new  ones 
erected  as  it  is  my  duty  to  sign  his  salary  check  or  to  draw  my  own 
with  marked  regularity  at  the  end  of  each  quarter. 

Chapter  f>38  of  the  Laws  of  1887  directs  that  there  shall  be  con- 
nected with  every  school  district  in  the  State  at  least  two  suitable  and 
convenient  water-closets  or  outbuildings,  which,  when  outside  of  the 
school  building,  shall  be  separated  from  each  other  and  which  shall 
have  separate  means  of  access,  which  shall  also  be  -separated  by  a close 
partition  fence  at  least  seven  feet  high.  The  trustees  are  required  to 
keep  these  places  in  clean  and  wholesome  condition.  The  expense 
involved  by  changes  thus  made  necessary  may  be  levied  upon  the 
district  after  being  approved  by  the  school  commissioner,  and  without 
the  vote  of  a district  meeting,  and  a failure  to  comply  with  the 
requirements  of  the  law  is  made  sufficient  ground  for  the  removal  of 
delinquent  trustees  from  office  and  for  withholding  the  district’s  share 
of  the  public  school  moneys. 

There  has  been  such  an  overhauling  and  cleaning  up  around  school- 
houses  during  the  last  year  as  the  State  never  saw  before,  but  many 
districts  are  still  utterly  indifferent  about  the  matter.  I take  advantage 
of  this  public  opportunity  to  say,  in  the  hope  that  you  will  continually 
repeat  it  in  your  districts,  that  this  law  will  be  enforced  and  its 
penalties  applied  to  such  officers  and  such  school  districts  as 
refuse  to  observe  it.  It  has  been  thought  best  to  give  ample  and 


12 


actual  notice  of  its  existence  and  full  opportunity  to  comply  with  it 
before  inflicting  its  penalties.  Such  notice  and  opportunity  is  being 
given  and  will  continue  to  be  given  during  the  next  spring  and 
summer.  You  are  requested  to  lose  no  opportunity  to  bring  the 
matter  before  the  trustees  of  every  district.  The  law  itself  will  be 
found  in  each  school  register.  The  reports  collected  at  the  end  of 
the  school  year  must  show  what  has  been  done  in  each  district,  and 
the  penalties  which  the  law  imposes  must  follow  its  violation.  A 
wholesome  public  sentiment  is  behind  this  measure,  and  it  must  be 
fully  and  literally  complied  with. 

While  referring  to  school-houses  and  appurtenances,  I perhaps 
ought  to  dwell  long  enough  to  speak  of  the  architects’  plans  for 
country  school-houses  which  the  Department,  has  been  collecting 
under  the  authority  of  chapter  675  of  the  Laws  of  1887.  The  archi- 
tects of  the  country  being  invited  to  present  plans  in  competition, 
fifty-eight  different  designs  were  received.  The  committee  appointed 
to  select  the  most  meritorious  ones  have  finished  their  work  and 
presented  their  report.  It  is  singular  that,  in  most  cases,  the 
designs  adjudged  to  be  the  best  were  presented  by  architects  living 
out  of  our  State.  I cannot  help  thinking  that  it  plainly  indicates 
that  more  attention  has  been  given  the  all-important  subject  of  school 
architecture  in  other  States  than  in  our  own.  It  remains  now  to 
procure  the  detailed  working  plans,  perform  editorial  work  and  arrange 
for  suitable  publication,  and  I am  confident  we  shall  issue  a book 
which  will  be  the  best  authority  on  school  architecture  in  this 
country.  But  all  these  things  take  time,  and  commonly  more  time 
than  we  hope  or  expect, 

I pass  the  topic  under  consideration  with  but  one  or  two  remarks 
I apprehend  no  Northern  State  in  the  Union  has  stood  more  in  need 
of  a reform  in  the  way  of  rural  school-houses  than  the  Empire  State- 
The  way  to  bring  about  such  a reform  has  been  opened.  If  it  does 
not  come  it  will  be  the  fault  of  the  school  commissioners  of  the  State. 
With  all  of  the  powers  which  the  law  confers  upon  them,  with  all  of 
the  helps  which  it  holds  out,  with  all  of  the  penalties  which  it  r 
imposes,  there  is  no  longer  any  excuse  for  disgraceful  school-houses. 
Many  districts  must  be  contented  with  small  and  modest  buildings, 
but  the  sentiment  of  the  people  and  the  law  of  the  State  forbid  their  • 
continuing  in  the  indifferent  use  of  dilapidated  or  filthy  ones. 


13 


Examination  and  Licensing  of  Teachers. 

Among  the  powers  conferred  upon  each  school  commissioner  by  the 
statute  is  the  power  to  “ examine  persons  proposing  to  teach  common 
schools  within  his  district,  and  not  possessing  the  Superintendent’s 
certificate  of  qualification  or  a diploma  of  the  State  Normal  school,  and 
to  inquire  into  their  moral  fitness  and  capacity,  and,  if  he  find  them 
qualified,  to  grant  them  certificates  of  qualification,  in  the  forms  which 
are  or  may  be  prescribed  by  the  Superintendent.” 

That  the  power  here  conferred  has  been  frequently  and  flagrantly 
abused,,  no  one,  I apprehend,  will  be  inclined  to  dispute.  There  has 
been  a marvelous  failure  to  appreciate  either  the  extent  or  the 
unfortunate  consequences  of  this  abuse.  The  tone  of  public  senti- 
ment has  been  low  in  reference  to  the  matter.  The  powers  granted  the 
commissioner  have  been  greatly  misunderstood  and  misconstrued. 
And  then  self-interest,  combined  with  what  we  have  come  to  call 
“ politics,”  finding  the  conditions  favorable,  have  operated  to  produce 
in  many  districts  an  indiscriminate  issuance  of  certificates,  without 
any  examination  of  candidates,  and  greatly  to  the  wrong  and  injury 
of  the  public  school  system.  Not  long  since,  I received  a letter  from 
a newly-elected  school  commissioner,  saying  that,  although  there 
were  but  163  schools  in  his  district,  he  was  satisfied  from  investiga- 
tion that  there  were  more  than  a thousand  outstanding  teachers’  certifi- 
tates  in  the  district,  and  yet  his  predecessor  in  office  was  an  entirely 
reputable  and  honorable  man.  The  fact  is,  that  a few  commissioners 
have  been  willfully  corrupt  about  the  matter,  and  have  given  certifi- 
cates without  any  regard  to  the  law  or  the  good  of  the  schools, 
laboring  under  the  mistaken  idea  that  thereby  they  could  gain  a 
reelection  or  subserve  some  other  selfish  purpose.  This  class  has 
fortunately,  been  small,  but  it  has  existed.  A larger  class,  with  good 
enough  intentions,  have  fallen  into  the  error  because  it  was  a common 
one,  and  because  they  lacked  the  courage  to  stand  out  against  the 
entreaties  of  candidates,  or  the  exactions  of  personal  or  political 
friendship.  Still  another  class  have  held  examinations  with  conscien- 
x tious  care,  granted  or  refused  certificates  according  to  the  qualifica- 
tions of  the  candidate,  maintained  their  self-respect,  and  dignified  and 
magnified  their  office  to  the  permanent  advantage  of  the  school 
* system.  Long  may  they  live;  if  among  the  departed,  blessed  be 
their  memory. 

I have  remarked  that  the  powers  of  the  commissioner  have  been 
, misunderstood.  The  term  “ license  ” is  misleading.  What  we  have 
been  calling  a “ license  ” is  not  a license.  The  law  calls  it  a “ certificate 
of  qualification.”  How  can  a public  officer  certify  qualifications  wdthout 


14 


an  examination  ? It  empowers  him  to  “ examine  candidates,  to  inquire 
as  to  their  moral  fitness  and  capacity,  and  if  he  find  them  qualified , to 
grant  them  certificates  of  qualification,”  etc.  When  a commissioner, 
therefore,  grants  a certificate  without  this  examination  and  inquiry, 
and  without  finding  the  candidate  qualified,  he  exceeds  his  authority.  » 

But  even  though  we  all  agree  in  our  interpretation  of  this  statute, 
and  I do  not  see  how  there  is  room  for  any  two  opinions  regarding  it, 
there  are  other  difficulties  in  the  way.  So  long  as  the  law  exacts  no  , 
standard  of  qualifications  on  the  part  of  a school  commissioner,  our 
elective  system  will  inevitably  turn  out  some  men  who  cannot  examine 
candidates  and  determine  their  qualifications.  Again,  so  long  as  the 
examination  may  be  such  and  only  such  as  the  commissioner  sees  fit 
to  make  it,  he  will  constantly  be  subject  to  personal  appeals  and  to 
political  influences,  and  he  will  continually  be  the  object  of  criticism, 
if  not  of  suspicion,  unless  he  is  strong  enough,  and  lives  long  enough 
to  demonstrate  his  strength  and  his  conscientious  independence,  and 
to  gain  a position  among  men  as  unique  as  it  is  honorable  and 
enviable.  Few  men  are  thus  fortunate.  The  great  mass  have 
common  feelings  and  failings  which  render  it  unwise  to  leave  such  a 
•duty  as  this  to  their  unlimited  and  unguided  discretion. 

There  need  be  no  sensitiveness  about  this.  Before  1875,  the  law 
gave  unlimited  power  to  the  State  Superintendent  to  grant  certificates. 

Being  " ordinary  clay,”  he  granted  them  with  liberality  until  his  action 
in  doing  so  became  a scandal,  and  the  educators  of  the  State,  with  one 
voice,  demanded  that  it  should  stop.  Then  the  law  was  amended  so 
as  to  provide  specifically  that  he  should  grant  certificates  “ only  upon 
examination.”  Then  the  regular  annual  examination  for  Superinten- 
dent’s certificates  was  established,  and  has  operated  to  the  great 
advantage  of  the  work.  Certificates  have  come  to  be  of  recognized 
value,  not  only  throughout  the  State,  but  throughout  the  country* 

So  marked  has  been  the  change  in  this  regard  that  the  inquiry  is 
frequently  made  at  the  Department  whether  a given  State  certificate 
is  dated  before  or  after  1875,  and  it  is  judged  to  be  of  small  account 
or  of  great  value  accordingly.  Ought  a power  which  could  not  safely  > 
be  continued  in  the  hands  of  a State  Superintendent,  who  has  a public  ^ 
office  in  the  Capitol,  where  every  act  is  a matter  of  record  and  subject 
to  general  inspection,  be  permitted  to  be  exercised  by  113  commis-  & 
sioners  when  many  of  them  are  known  to  act  without  any  examination 
or  inquiry,  and  to  make  no  record  of  their  acts,  and  when  they  are 
manifestly  perverting  the  statute  in  so  exercising  it  ? I do  not  think 
so,  and  I do  not  believe  that  you  do.  In  place  of  this,  there  must  be 
a system  of  examinations  complete,  practical  and  governed  by  well- 


15 


known  regulations,  which  shall  form  the  basis  of  commissioners’  cer- 
tificates in  substantially  the  same  manner  as  the  annual  State  exami- 
nation forms  the  basis  for  the  Superintendent’s  certificates.  Beyond 
this,  certificates  must  show  upon  their  face  what  they  are  good  for, 
and  there  must  be  a public  record  made  of  every  certificate  issued. 

Such  a system  is  to  be  tried  in  at  least  eighty-two  of  our  commis- 
sioner districts.  We  will  undertake  to  give  it  a full  and  fair  trial, 
without  legislation  and  without  compulsion.  If  it  proves  practicable, 
well  and  good;  it  will  then  be  made  universal  and  obligatory.  If 
experience  shows  the  necessity  of  modifications,  wTe  shall  make  them. 
If  time  shows  the  entire  unwisdom  of  the  move,  the  great  body  of 
school  men  in  this  State  will  stand  convicted  of  bad  judgment,  and 
we  will  devise  some  other  way  of  correcting  a manifest  and  grievous 
wrong.  In  any  event,  I think  it  safe  to  say  that  the  day  of  the 
indiscriminate  licensing  of  teachers  ought  to  be  and  is*  at  an  end. 

Revocation  of  Certificates. 

The  statute  also  confers  upon  the  commissioners  the  power  to  revoke 
certificates.  There  are  two  grounds  for  the  revocation  of  certificates, 
viz. : Deficiency  in  learning  or  ability,  and  immoral  character.  The 
commissioner  may  at  any  time  reexamine  a teacher  holding  a commis- 
sioner’s certificate  and  annul  the  same  for  deficiency  in  learning  or 
ability.  He  may  even  annul  a State  certificate  or  the  diploma  of  a 
Normal  school  for  immoral  character.  In  either  case,  there  must  be 
an  examination  before  annulment. 

It  is  a serious  matter  to  annul  a teacher’s  certificate,  and  it  should 
never  be  done  except  for  good  reasons.  When  such  reasons  exist  the 
power  of  the  commissioner  should  be  exercised  without  hesitation. 
What  are  good  reasons  for  annulling  a certificate  ? They  cannot  all 
be  specified.  But  they  must  be  sufficient  to  justify  the  public  punish- 
ment and  humiliation  consequent  upon  a permanent  taking  away  of 
the  authority  to  te&ch.  Incapacity  is,  of  course,  sufficient.  But  after 
a teacher  has  once  been  licensed  the  incapacity  should  be  so  great  as 
1 to  render  it  improper  for  the  teacher  to  continue  before  the  certificate 
should  be  annulled.  Annulment  should  not  be  resorted  to  simply  to 
enable  a district  to  get  rid  of  a teacher  against  whom  some  dislike  has 
v arisen,  as  I have  sometimes  found  to  be  the  case.  If  charges  affect- 
ing moral  character  are  made  against  the  teacher,  the  commissioner 
must  investigate  them.  The  charges  must,  however,  set  forth  specific 
acts  of  immorality  before  the  commissioner  will  be  justified  in  requir- 
ing the  teacher  to  answer.  General  allegations  or  neighborhood 
gossip  are  not  enough.  The  charges  must  be  so  definitely  stated  that 


16 


the  teacher  will  know  just  what  he  will  be  called  upon  to  answer.  A 
copy  of  the  allegations  must  be  served  upon  the  teacher  a reasonable 
time  before  the  investigation.  The  Department  recognizes  ten  days 
as  a reasonable  notice.  The  complainant  must  prove  his  charges;  the 
teacher  is  not  obliged  to  prove  his  innocence.  The  case  must  be  P 
proved  by  witnesses  who  can  be  cross-examined,  and  not  by  affidavits 
of  persons  not  present.  The  testimony  must  be  taken  down  b;y  the 
commissioner  and  subscribed  by  the  witnesses  and  kept  for  transmis- 
sion to  the  Superintendent  in  the  event  of  an  appeal. 

Teachers’  Institutes. 

I am  greatly  gratified  at  the  satisfactory  progress  which  is  being 
made  in  our  institute  work.  Order  is  being  brought  out  of  chaos. 
Instruction  is  being  given  in  something  like  a practical  and  syste- 
matic way.  Nearly  the  whole  body  of  teachers  comes  into  the  insti- 
tutes, and  attendance  begins  to  approach  regularity.  The  objections 
* to  compulsory  attendance  are  largely  disappearing.  All  this  is  highly 
satisfactory  and  encouraging,  but  we  have  not  yet  carried  our  insti- 
tute work  to  the  highest  attainable  state  of  perfection.  The  State  of 
New  York  ought  to  do  the  best  teachers’  institute  work  in  the  United 
States.  We  have  the  conductors  to  do  it.  We  have  the  material  to  do 
work  with.  We  have  the  facilities  for  doing  it.  The  law  favors  us. 

We  must  do  it. 

The  best  institute  work  involves  at  least  (a)  the  most  full  and  com- 
plete previous  preparation;  (b)  full,  punctual  and  continuous  attend- 
ance of  teachers  of  all  grades  and  classes ; (c)  success  in  enlisting  the 
interest  and  cooperation  of  all;  (d)  proceedings  as  orderly  and  sys- 
tematic as  any  school-room  work;  (e)  capable  and  practical  instruction 
suited  to  the  circumstances  of  the  locality,  and  (f)  work  laid  out  in 
regular  course,  which  shall  be  continuous  and  progressive  from  one 
year  to  the  next. 

Instructions  relating  to  the  institute  work  in  your  districts  have 
been  issued  from  the  Department  with  so  much  care  as  to  details  that 
I need  consume  no  more  time  upon  the  subject  than  may  be  necessary  ' 
to  make  two  or  three  observations  upon  the  provisions  of  law  bearing  \ t 
upon  it. 

The  law  directs  each  commissioner  to  organize  an  institute  at  least  ' 
once  in  each  year.  It  provides  for  notices  and  for  conveniences  and 
for  instructors.  It  goes  on  and  makes  the  institute  work  a component 
part  of  the  common-school  work  of  the  State.  It  directs  trustees  to 
close  the  schools  under  their  charge  during  the  week  the  institute  is 
in  progress  and  to  pay  teachers  for  the  time  spent  in  attendance  there- 


upon.  I am  aware  that  there  has  been  some  difference  of  opinion  as 
to  the  meaning  of  the  statute  upon  this  point,  and  that  the  language 
employed  is  such  as  to  form  a possible  ground  for  argument.  S<5me 
have  thought  that  the  statute  intended  to  offer  to  trustees  the  option 
of  closing  the  schools  or  losing  so  much  of  the  public  moneys  as  was 
based  upon  the  average  attendance  for  the  week,  and  nothing  more. 
I have  never  taken  that  view,  and  have  never  entertained  any 
-doubt  about  the  matter.  It  has  always  seemed  clear  enough  to  me 
that  the  law  was  mandatory  and  meant  precisely  what  it  says,  that  the 
schools  shall  be  closed  during  institute  week;  that  the  fact  that  the  one 
section  containing  this  provision  imposed  a specified  penalty  for  its 
violation  did  not  mean  that  the  other  penalties  which  the  law  imposes 
for  its  infraction  should  not  be  imposed.  If  I am  right  about  this,  it 
would  follow  that  a trustee  continuing  a school  during  institute  week 
cannot  pay  public  moneys  to  the  teacher  for  teaching  during  the 
week,  although  it  is  more  than  likely  that  he  would  be  held  personally 
liable  for  the  same;  he  would  be  removable  from  office  for  it  also. 

While  I have  felt  entirely  confident  of  the  correctness  of  this  view, 
which  has  been  followed  by  the  Department  for  eighteen  months,  I 
have  recently,  in  deference  to  others  who  have  not  agreed  with  me, 
asked  and  received  the  written  opinion  of  the  Attorney-General 
concerning  the  matter.  It  agrees  with  me  to  the  letter,  except  that  it 
goes  farther  than  I have  ever  felt  impelled  to  go.  It*  may  be  of 
sufficient  interest  to  justify  me  in  presenting  to  you  the  communication 
.of  the  Attorney-General  entire.  It  is  as  follows: 


Dear  Sir.  — In  compliance  with  the  request  contained  in  your  com- 
munication of  the  twenty-sixth  instant,  I have  examined  the  provisions 
of  section  five,  title  eleven,  chapter  555,  Laws  of  1864,  as  amended  by 
section  ten,  chapter  340,  Laws  of  1885.  My  conclusions  upon  the 
question  submitted  by  you  are : The  provisions  of  the  section  referred 
to  do  not  give  to  the  trustees  of  a school  district  the  alternative  of 
closing  the  district  school  as  directed  therein,  and  that  of  losing  a 
part  of  the  public  money.  The  first  sentence,  of  the  section  cited  is 
directory  to  the  trustees,  only  so  far  as  the  disposition  of  the  moneys 
in  their  hands  applicable  to  the  payment  of  teachers’  wages  is  con- 
cerned. The  object  of  this  amendment  to  the  general  law,  and  the 


3 


18 


intention  of  the  Legislature  in  enacting  the  same,  is  obvious  from  the 
section  itself,  to  wit  : “ to  secure  to  the  teachers  therein  enumerated 
theifull  exercise  of  the  privilege  of  attendance  at  teachers’  institutes.” 

The  statute  does  not  clothe  the  trustees  with  any  discretionary 
powers,  but  provides  that  the  schools  shall  be  closed  during  the  time  a 
teachers’  institute  shall  be  in  session  in  the  same  county  in  which  such 
schools  are  situated.  The  language  employed  in  the  statute  is  man- 
datory, and  it  would  be  a violation  of  law  to  have  the  various  schools 
open  during  the  time  prohibited.  The  law  unqualifiedly  requires  thai 
during  the  period  of  time  referred  to,  the  schools  shall  be  closed,  and 
trustees  of  schools  are  charged  with  the  duty  of  enforcing  that  law. 

A neglect  to  comply  with  the  provisions  of  the  statute  referred  to, 
would  subject  the  trustees  to  the  penalties  provided  for  by  section 
eighteen,  title  one  and  section  one,  title  thirteen,  chapter  555,  Laws  of 
1864,  and  in  my  opinion,  for  a willful  violation  of  the  act,  the  trustees 
would  incur  the  penalty  provided  for  by  the  Penal  Code,  i.  e.,  punish- 
ment as  for  a misdemeanor  (section  155,  Penal  Code.) 

Very  truly  yours, 

(Signed,)  D.  O’BRIEN, 

Attorney -General. 

The  Department  leaves  it  to  commissioners,  so  far  as  practicable,  to 
hold  institutes  at  such  times  as  they  may  think  best.  I remark 
incidentally  that  institutes  ought  not  to  be  held  in  general  vacation 
time,  and  I see  no  reason  why  they  should  not  be  held  during  the 
mid-winter  months,  contrary  to  the  custom  which  has  heretofore  been 
prevalent.  Commissioners  should,  so  far  as  can  be,  hold  institutes  at 
the  time  which  will  be  most  acceptable  to  trustees  and  teachers  in  the 
larger  districts.  But  commissioners  must  see  to  the  enforcement  of 
the  law,  for  it  is  essential  to  the  thoroughness  of  the  work.  Trustees 
must  not  be  allowed  to  nullify  and  set  at  naught  the  provisions  of  the 
statute  and  the  policy  of  the  State  because  the  arrangement  may  not 
seem  to  them  to  be  a good  one,  or  because  they  do  not  deem  it  to  be 
to  the  interests  of  their  districts  to  observe  it.  Teachers  must 
be  required  to  attend  and  enter  in  good  faith  into  institute  work,  and 
no  subterfuge  must  be  permitted  to  deprive  them  of  their  pay  when 
they  do  so.  In  short,  nothing  must  be  left  undone  which  will  con- 
tribute to  the  success  of  this  important  work,  for  upon  it  the  tone  and 
character  of  the  schools  in  the  rural  districts  largely  depend, 


Reports. 

The  law  mates  it  the  duty  of  commissioners  to  supervise  the  collec- 
tion of  information  relative  to  the  public  schools  and  to  educational 
work  in  general,  and  to  forward  the  same  to  the  Department,  with 
such  observations  as  they  may  think  ought  to  accompany  it.  Newly 
elected  commissioners  will  find  this  a very  troublesome  matter. 
Teachers  very  frequently  fail  to  appreciate  the  importance  of  care  in 
keeping  their  registers  of  attendance,  forgetting  that  their  record 
must  enter  into  the  computations  for  future  apportionments  of  the 
public  school  moneys.  In  examining  schools  this  matter  should 
always  be  looked  to.  The  statute  requires  trustees  to  report  many 
different  items  of  information,  and  without  accuracy  of  statement  it  is 
impossible  to  make  any  just  apportionment  of  school  moneys,  or  to 
determine  what  action  by  the  Legislature  or  the  Department  may  be 
advisable  for  the  well-being  of  the  schools.  It  is  difficult  to  prepare 
these  reports,  and  it  very  frequently  becomes  necessary  to  give 
trustees  instruction  and  aid  in  reference  to  them.  This  work  falls 
upon  commissioners. 

Then  the  reports  of  the  commissioners  themselves  involve  the  com- 
pilation of  these  voluminous  details,  as  well  as  general  comments  in 
reference  to  the  work.  It  is  the  custom  to  exact  two  reports  from 
commissioners,  one  which  is  wholly  statistical  and  is  made  up  from 
trustees’  reports,  in  answer  to  specific  directions,  and  upon  forms  sup- 
plied for  the  purpose  by  the  Department,  and  another  in  which,  in  his 
own  way,  he  is  to  briefly  delineate  the  condition  of  his  district  educa- 
tionally, treat  of  the  work  of  the  year,  and  make  any  suggestions 
which  may  occur  to  hiir^.  The  same  thing  occurs  in  the  cities.  From 
all  these  sources  the  report  of  the  State  Department  is  made  up. 
A moment’s  reflection  will  show  how  important  it  is,  not  only  that 
statistics  should  be  conscientiously  collected  and  carefully  compiled, 
but  also  that  written  reports  should  be  frank  statements  and  sugges- 
tions, made  with  brevity  and  pointedness,  without  embellishment  or 
circumlocution,  to  the  end  that  when  the  State  school  report,  which  is 
to  go  into  every  district  in  the  Commonwealth,  is  made  up,  it  may  be  a 
complete  and  perfect  portraiture  of  the  educational  circumstances 
of  the  State,  and  may  show  satisfactory  progress  or  tell  what  needs  to 
be  done  to  attain  it. 

I have  had  frequent  questionings  in  my  mind,  whether  the  blank 
forms  upon  which  our  statistical  reports  are  made,  do  not  need  a 
liberal  revision.  It  has  seemed  as  though  they  called  for  much  infor- 
mation which  is  of  small  account,  and  as  though  we  failed  to  get  much 
which  we  ought  to  have.  It  is  an  important  question,  and  I should  be 


20 


glad  to  have  the  opinion  and  suggestion  of  this  convention  in  reference 
to  it.  It  is  difficult  in  public  business  to  get  old  forms  changed.  The 
orthodox  department  man  will  change  an  old  blank  with  as  much 
fear  and  trembling  as  he  would  experience  if  he  was  compelled  to 
strike  an  idol  \yith  a hammer.  But  progress  demands  a change  in 
blanks  now  and  then,  and  I strongly  suspect  that  it  would  at  least 
not  be  retarded  by  some  modifications  in  the  elaborate  and  an- 
tiquated forms  for  trustees’  and  commissioners’  reports. 

General  Powers  and  Duties. 

I have  now  considered  the  legal  duties  of  commissioners  so  far  as 
they  need  to  be  treated  under  separate  heads.  After  specifically 
enumerating  these  duties,  the  statute  declares  it  to  be  his  duty 
“ generally,  to  use  his  utmost  influence  and  most  strenuous  exer- 
tions to  promote  sound  education,  elevate  the  character  and  quali- 
fications of  teachers,  improve  the  means  of  instruction  and 
advance  the  interests  of  the  schools  under  his  supervision.”  This 
language  is  as  broad  and  comprehensive  as  any  that  could  be 
employed.  It  is  doubtful  if  any  other  public  officer  is  commanded  by 
law  to  go  beyond  specified  duties  and  to  labor  for  certain  general 
ends  to  the  extent  to  which  this  sub-division  of  the  section  commands 
the  school  commissioner  to  go.  ITe  is  directed  to  use  his  “ utmost 
influence,”  and  his  “ most  strenuous  exertions  ” to  accomplish  four 
general  purposes.  What  are  they  ? First,  to  promote  sound  educa- 
tion ; second,  to  elevate  the  character  and  qualifications  of  teachers; 
third,  to  improve  the  means  of  instruction,  and  fourth,  to  advance 
the  interests  of  the  schools  under  his  supervision.  When  the  law 
commands  an  officer  to  do  specified  things,  it,  of  course,  clothes  him 
with  the  power  to  do  them.  The  law7  distinctly  tells  the  commissioner 
what  he  is  to  do.  He  is  to  be  alert  and  aggressive.  As  he  sits  in  his 
office  or  travels  about  in  his  district,  he  is  not  to  feel  that  it  may  be 
considered  out  of  place  for  him  to  correct  an  erroneous  method  or 
abate  an  evil.  That  is  precisely  what  he  is  for.  In  the  faithful 
discharge  of  his  duties,  he  will  encounter  ignorance,  indifference, 
parsimony  and  selfishness.  He  is  given  the  implements  with  which 
to  contend  against  them,  and  when  he  believes  it  necessary  to  use  his 
powers  in  order  to  accomplish  the  ends  which  the  law  points  out,  he 
should  do  so  without  having  an  eye  upon  a coming  election,  and 
without  hesitating  or  apologizing  for  it,  but  with  the  entire  confidence 
that  the  Lord  will,  in  some  way,  take  care  of  His  own. 

It  must  be  remembered,  moreover,  that  the  enactments  of  the 
Legislature  do  not  and  cannot  indicate  all  that  ought  to  be  done  con- 


cerning  the  schools.  As  I have  been  commenting  upon  the  provisions 
of  the  statutes,  I have  not,  therefore,  touched  upon  many  matters 
which  we  ought  to  have  prominently  in  mind,  in  our  efforts  to  improve 
the  country  schools.  Under  the  general  powers  and  duties  of  com- 
missioners, these  other  things  ma}^  be  appropriately  referred  to.  I can, 
however,  do  no  more  than  barely  suggest  the  most  important , nes  now. 

The  term  of  school  in  each  year  should  be  longer.  Frequently,  it 
is  but  twenty-eight  weeks,  just  long  enough  to  enable  the  district  to 
share  in  the  public  moneys.  It  should  be  forty  weeks,  as  in  the  cities 
and  villages,  unless  prevented  by  roads  and  wTeather.  The  old  idea 
of  a winter  term  and  a summer  term  should  be  rooted  out.  It  should 
be  remembered  that  the  apportionment  of  1889  will  be  upon  the 
aggregate  number  of  days  of  school  held  during  the  previous  year  and 
not  upon  average  attendance  and  school  population. 

The  teachers  should  certainly  be  employed  at  the  beginning  of  the 
school  year,  for  the  entire  year.  They  should  be  retained  year  after 
year  unless  good  reasons  to  the  contrary  show  themselves.  Their 
compensation  should  be  reasonable  for  the  service  required,  and  should 
be  paid  at  regular  and  stated  intervals. 

The  work  should  be  systematized.  It  is  not  possible  to  grade  as  in 
the  cities,  and  perhaps  not  desirable.  But  a course  of  study  should 
be  followed.  The  irregular  attendance  of  some  should  not  be  allowed 
to  demoralize  the  whole  school.  The  irregular  on^s  should  be  made 
to  drop  behind  those  who  come  regularly  and  show  proficiency.*  The 
course  of  study  should  be  arranged  systematically  and  comprehen- 
sively. It  should  have  a beginning  and  an  ending.  Pupils  should  be 
able  to  complete  it  if  they  come  regularly  and  stay  long  enough. 
There  should  be  some  sort  of  incentive  provided,  some  system  of 
rewards  and  penalties,  which  will  stimulate  a desire  to  attend  regularly, 
attain  proficiency  and  get  through  with  the  work  which  a country 
school  can  do. 

Such  matters  as  these,  which  the  statutes  do  not  and  cannot  speci- 
fically regulate,  must  necessarily  be  left  to  the  judgment  and  discretion 
of  officers  charged  with  the  administration  of  the  schools.  Regarding 
all  such  matters  it  is  the  duty  of  school  commissioners  to  consult  and 
advise  together  and  with  the  State  Superintendent,  to  determine  what 
ought  to  be  done,  and  then  to  agitate  and  arouse  public  sentiment  so 
that  it  will  follow  and  support  when  they  organize  and  lead  the  way. 


Conclusion. 

1 must  speedily  conclude,  for  I know  I have  already  drawn  heavily 
tipon  your  patience. 

I have  deemed  it  proper  to  make  these  observations  because  all  of 
your  acts  are  subject  to  appeal  to  the  State  Sujoerintendent.  You  are 
entitled  to  know  his  views  of  the  laws  under  which  you  are  to  act,  as 
well  as  the  extent  to  which  he  expects  to  support  you  in  the  exercise 
of  any  discretion  which  the  law  gives  you.  Stand  by  the  law.  You 
cannot  be  sustained  when  you  either  come  short  of  complying  with  its 
directions  or  when  you  violate  them.  Following  the  law,  you  will  at 
all  times,  be  sustained  in  a vigorous  and  aggressive  exercise  of  your 
powers,  to  the  end  that  the  object  specified  in  the  statute  may  be 
attained,  and  sound  education  may  be  promoted,  the  character  and 
qualifications  of  teachers  be  elevated,  the  means  of  instruction  be 
improved,  and  the  interests  of  the  schools  under  your  supervision  be 
advanced. 

For  years  we  have  been  talking  about  improving  the  country 
schools.  It  goes,  without  saying,  that  they  need  improvement.  The 
only  way  to  improve  the  country  schools  is  to  improve  them.  We 
know  what  ought  to  be  done.  The  law  tells  us  to  do  it  and  gives  us 
the  power  to  do  it.  I am  not  forgetful  that  many  districts  are  poor. 
It  may  be  that  some  general  legislative  action  ought  to  be  taken 
which  would  particularly  favor  the  poorest  districts.  If  so,  let  us 
undertake  to  secure  it.  In  any  event,  we  must  lead  people  to  do 
what,  according  to  their  ability  and  circumstances,  ought  to  be  done 
for  schools;  in  cases  where  they  will  not  be  led,  they  must  be  com- 
pelled to  do  it.  The  law  gives  school  commissioners  the  power  to  do 
this,  and  of  course  contemplates  that  the  power  will  be  used  by  them 
in  proper  cases. 

I recall  a remark  of  some  foreign  writer  with  some  wit,  and  more 
truth  in  it.  Referring  to  the  United  States,  he  said  “ it  was  a place 
where  no  man  is  compelled  to  do  anything.”  A danger  which  threat- 
ens our  people  is  a false  idea  that  liberty  means  license.  A 
distinguished  man  of  foreign  birth  who  came  to  be  one  of  the  most 
loyal  of  Americans  and  one  of  the  greatest  of  men,  as  well  as  one  of 
the  staunchest  and  most  thoughtful  friends  of  public  liberty  that  the 
world  has  ever  produced,  has  declared  “ that  the  quantity  of  liberty 
in  any  country  is  exactly  proportioned  to  the  quantity  of  restraint.” 
Not  only  must  people  be  restrained  from  doing  what  ought  not  to  be 
done,  but  they  must  be  required  to  do  what  ought  to  be  done.  The 
strength  of  any  nation,  the  well-being  of  any  people,  depends  upon  the 
character  and  the  strength  of  what  the  writers  call  their  “ institutions,” 


23 


and  upon  no  one  of  them  so  much  as  upon  that  one  called  the  public 
school  system.  If  this  is  so,  and  it  will  stand  unchallenged,  then  the 
support  and  care  of  our  distinguishing  American  institutions,  which 
are  as  broad  as  the  land  and  as  free  as  the  air,  which  are  essential  to 
the  perpetuation  of  our  manner  of  government,  cannot  be  left  at  the 
whims  of  local  officers  or  the  caprice  of  small  hamlets. 

I have  not  been  able  to  refer  to  many  statutory  provisions  touching 
the  duties  of  commissioners.  I have  not  touched  upon  many  matters 
properly  to  be  considered  within  the^cope  of  their  general  powers.  I have 
only  been  able  to  sketch  an  outline  picture,  but  it  can  readily  be  filled 
in  by  a thoughtful,  energetic  man  in  actual  experience.  But  even  the 
cursory  review  I have  been  able  to  make,  prepared  as  it  has  been  in 
haste,  without  any  effort  at  embellishment  and  with  other  and  innu- 
merable obligations  pressing  upon  me,  is  sufficient  to  show  that  any 
faithful  or  satisfactory  discharge  of  those  duties  requires  the  full 
time  of  a judicious,  active,  progressive  and  courageous  man.  There 
is  no  position  under  the  laws  of  the  State  which  offers  such  oppor- 
tunities for  usefulness,  and  none  in  which  the  officer  can  more 
thoroughly  win  the  respect  of  people  whose  respect  is  worth  having, 
or  more  effectually  indicate  his  capability  and  adaptability  for  public 
trust.  That  you  may  win  that  respect,  that  you  may  grow  in  the  con- 
fidence and  esteem  of  the  people,  that  you  may  show  that  the  great 
trust  confided  to  you  was  wisely  placed,  and  that  you  may  work  out 
a decided  improvement  in  the  schools  under  your  charge,  is  my  most 
sincere  wish.  To  the  end  that  it  may  be  fulfilled,  I pledge  unceasing, 
cheerful  and  sincere  support  and  cooperation. 


